In re Appeal of Miserocchi
Vermont Supreme Court
749 A.2d 607 (2000)
The Miserocchis (plaintiffs) owned a barn set back only 10-20 feet from the road, violating a later-enacted 40-foot setback ordinance, though both residential and agricultural uses were otherwise permitted under the zoning ordinance; when they sought to convert the barn's interior from agricultural to residential use, the town's zoning board and then the environmental court denied their change-of-use and variance requests, reasoning the new use would increase the intensity of use of the noncomplying structure.
Whether a landowner making modifications to land containing a nonconforming use needs a change-in-use approval, conditional-use permit, or variance when the modifications do not affect the nonconforming use itself.